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(영문) 대전지방법원 논산지원 2016.10.25 2016고단359
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 27, 2014, the Defendant: (a) purchased a low-priced vehicle at the (jum) Changcom in Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon; and (b) falsely stated that “The Defendant would pay KRW 482,464 on the 25th day of each month to the New Agricultural Partnership Co., Ltd. for the 36-month loaning KRW 13 million in the name of the purchase of vehicles.”

However, the defendant was not an employee of the new agricultural partnership, and the defendant had no intention or ability to repay even if he was given a loan from the victimized company because he was aware that he would immediately sell the vehicle to lend cash.

As above, the Defendant, by deceiving the damaged company, obtained a loan of 13 million won from the victimized company and acquired the pecuniary profit equivalent to the same amount by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. To inquire about applications for automobile installment financing, notices of loss of time limit, and receipt details;

1. Application of the register of automobiles statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] In the case where the victim is fully responsible for the occurrence of the crime or the expansion of damage even to the mitigated area (one to one year) (one to one year) of the mitigated area (special mitigation) [the decision of sentence] of the crime of this case [the crime of this case] is the act of deceiving the damaged company by deceiving the damaged company under the condition that the defendant was not able to repay for the purpose of financing by selling the motor vehicle borrowed by the defendant immediately, and the crime of this case is not proper, and it is not agreed with the victimized company, and it is necessary to strictly punish the defendant in light of the above, etc.

Provided, That the defendant reflects the wrong, the fact that 400,000 won has been deposited against the damaged company, and the age and amount of the defendant.

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